Monthly Archives: March 2011

Parties Reach Significant Class Action Settlement Regarding Claims Against Feeder Funds That Invested in Madoff’s Ponzi Scheme

Last month, parties involved in In Re Tremont Securities Law, State Law and Insurance Litigation sought preliminary court approval of a $100 million settlement that would resolve class action claims against certain investment funds (and numerous affiliated companies and individuals)

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Second Circuit Strikes Down Amex Class Waiver–Again

The Second Circuit this week, on remand from the U.S. Supreme Court, upheld its earlier decision that a class arbitration waiver in a contract between American Express and participating merchants is unenforceable under the Federal Arbitration Act. The case had

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South Carolina Court Allows Unnamed Class Members to Bring Direct Action Despite Failure to Opt Out of Prior Settlement

One critical component of class action litigation is the obligation of class counsel and the court to protect the rights of unnamed class members. A recent South Carolina federal district court decision should serve as a reminder that when class

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When an Injunction Class Doesn’t Really Want an Injunction

When is an injunction class not really an injunction class, but merely an attempt to compensate for an improperly proposed damages class? When the requested injunction will do nothing more than lay an evidentiary foundation for a damage award, according

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